IAM Magazine issue 42

An in-depth survey of both
corporate and priv ate practice IP
professionals, jointly undertaken by
IAM and Thomson Reuters, yielded
a number of fascinating findings –
not least of which is just how
dynamic the IP market really is.
Joff Wild and Sara-Jayne Clover

Although there are many groups and
organisations that represent a
variety of IP professionals and
interests, there is currently nothing
out there that focuses specifically on
IP strategy and strategists. However,
that could be about to change. Joff Wild

It is relatively easy to identify the
sellers at the public IP auctions
organised by Ocean Tomo between
2006 and 2009, as well as the
prices they achieved. But finding
out who did the buying has been
significantly harder – until now.
Thomas Ewing

The true value of a patent is an
elusive concept which is tricky to
pin down. While hard data can
assist in a valuation, it is more
difficult to predict the influence that
more intangible elements will have
on market price.
Francis Hagel

Insights

It is clear that a single EU
patent and unitary court system
are essential if Europe is ever to
be a truly single market, let
alone a dynamic centre of
world-class innovation. But that
does not mean they are
inevitable.

Patent analytics

Co-published editorialManagement report

In Germany, “trade secrets” comprise a broad
variety of information, including technical
know-how, commercial data and other
business information. Examples of
information that can constitute a trade secret
include lists of addresses, documents of
commercial offers, composition of materials,
sources of supply, computer programs and
their source code, information about
production processes, lists of customers or
suppliers, market research data, price
calculations and drawings.

A “trade secret” is defined as any
production method, sales system or other
useful technical or operational information
related to a business activity that is not
known to the public and that has been kept
in confidence (Section 2(6) of the Unfair
Competition Prevention Act).

The Mexican legal system establishes
protection for some, though not all,
information. The elements that any given
information must include in order to be
considered as a trade secret are set out in
Articles 82 and following of the Industrial
Property Law.

There is no statutory definition of a trade
secret in the United States. However, there
is a trend towards achieving some
uniformity, with 46 states having adopted
various statutes modelled after the Uniform
Trade Secret Act (UTSA). The UTSA is a
model law drafted by the National
Conference of Commissions on Uniform
State Laws. States that have not adopted the
UTSA (eg, New York), have adopted their
own state statutes and/or continue to apply
common law.

Co-published editorialIndustry insight

Although less well known and certainly
less well used by foreign companies, the
Chinese utility model patent system
offers a potentially useful and
strategically valuable route for protection
of inventions, writes Bob Stembridge, the
manager of customer relations at the IP
Solutions business of Thomson Reuters.